Hi all,
I have recently received a NTK as the registered keeper and demanded a parking charge of £100 for "Failure to validate stay in car park". I have appeal at the first instance through the MET Appeal website
http://www.appealmetparking.com/ with the following statement together with the proof of purchase:
"I am writing to dispute the 'parking charge' with the reason of 'Failure to validate stay in car park'. On the 19th of April the driver visited McDonalds at the Gatwick airport and parked in the car park as mentioned in the notice at approx. 10:35-10:40am. A purchase was made and the driver lefts the restaurant at approx. 11:05am. Upon leaving the ticket was handed to the counter for validation before an attempt to leave the car park. However, at the barrier the driver inserted the parking ticket and it says "Ticket is not validated" and the barrier stayed down. The driver then reversed back into a parking bay and went back into the restaurant and asked the staff to validate the ticket again. On the 2nd attempt the barrier opened and leaves the car park."MET immediately rejected the appeal and insisted that the driver must validate the ticket (which the driver did!) and by pressing the button to raise the barrier will result in the parking charge (which no button was pressed as mentioned above.
I then wrote another appeal as follow:
"I am writing again to explain my initial appeal to the Parking Charge Notice which I felt the some important points were ignored.
There are a few things I would like to point out where I felt your justification is incorrectly applied:
- As I have mentioned the ticket was validated with the proof of purchase (as provided previously) BEFORE the attempt to leave car park but for reasons that was outside of the driver's control 1) the validation DID NOT work and 2) the barrier was NOT raised.
- At the event the driver DID NOT leave the car park NOR pressed any button to have the barrier raised. Instead the driver went back into the restaurant and asked the staff to assist which they validated the ticket again. Also see the attached, which is the picture you have captured the driver was inserting the ticket (in white) before the barrier was raised.
- As above, these contradict with your statement "When you left the car park you acknowledged that you had not validated your stay and confirmed you were parked without authorisation by pressing the button to raise the barrier instead of using a validated ticket."
- To be absolutely clear, the driver DO NOT acknowledge that the ticket was not validated and in fact it was validated TWICE! And the driver NEVER attempted to leave the car park other that inserting the ticket to the machine.
As a result, I urge you to cancel the Parking Charge Notice else I will proceed to appealing to POPLA and take legal action if necessarily.
Thank you for your assistant!"But again they immediately rejected the appeal again saying I have already appealed and they don't care pretty much...
I am now planning to POPLA and just wondering if the experts here can give any advice how to approach this and do I stand any chance? I'm planning to appeal with the main ground of the fact that the parking ticket was validated and the driver left the car park with the ticket NOT by pressing the button (CCTV picture). With additional grounds which I found on the internet i.e. The charges are penalty, The protection of freedoms act 2012 schedule 4 and Contract with landowner which MET parking do not own nor have any interest or assignment of title of the land in question.
I would also like to challenge MET's scam-like practice where they set these traps for people to press the button raise the barrier. I also found this
https://www.mylondon.news/news/west-london-news/gatwick-mcdonalds-customer-treated-son-16529411Any suggestions would be greatly appreciated.
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